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Keywords: Trade Union, Examination, Question Of Fact, Interpretation, Guilty, Office, Collective Bargaining Agent, Removal, Constitution Of Pakistan, Order, Remedy, Interpretation Of Statutes, Petitioner, Petition, Commercial Employment, Discharge, Ambit, Leave, Provisions, Premises, Consideration, Evidence, Change, Defence, Leave To Appeal, Relief, Representative, Establishment, Finding Of Fact, Enforcement, Division, Acceptance, Money, Violation, Grievance, Invocation, F.I.R, Government, Constitution, Nature Of The Work, Appellate Tribunal, Labour Court, Negligence, Parties, Dispute, Notice, Cross-Examination, Costs, Maintain, Registered, Distribution, Punishment, High Court, Functions, Arbitrator, Orders JUDGMENT AJMAL MIAN, J.-This is an appeal with the leave of the Court against the judgment, dated 12-11-1985 passed by a Division Bench of the Lahore High Court in Writ Petition No.4074 of 1985, filed by the appellant, dismissing the same and maintaining the judgments of the Punjab Labour Court and the Punjab Labour Appellate Tribunal, dated 14-7-1985 and 23-9-1985, respectively, holding that the appellant was not a workman, being a salesman, and dismissing his petition under section 25-A of the Industrial Relations Ordinance, 1969, hereinafter referred to as the I.R.O., and the appeal arising therefrom. Leave to appeal was granted to consider, whether the appellant is covered by the ratio of the judgment of this Court in the case of Brooke Bond (Pakistan) Ltd. v. Conciliator appointed by the Government of Sind and 6 others PLD 1977 SC 237, wherein it has been held that a salesman working in the despondent-Company, is a workman falling within the definition of section 2(xxviii) of the I.R.O. 2. The brief facts are that the appellant was employed as a salesman in the respondent-Company. On 19-6-1982, while the appellant was carrying cash amount of Rs. 71,090 for depositing the same in a bank, he was robbed by two robbers and was deprived of the above sum. An F.I.R, was lodged on the direction of the Sales Officer of the respondent-Company. The appellant was also charge- sheeted for the negligence in performance of his duties. Enquiry was conducted by Mr.…

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